GENERAL PROVISIONS
Supplier/TME: Transfer Multisort Elektronik Sp. z o.o. with the registered office in Łódź, at Ustronna 41 street, 93-350 Łódź, Poland, registered in the District Court for the city of Łódź – Śródmieście in Łódź, the 20th Division of the National Court Register, under the KRS number: 0000165815, the share capital of PLN 3,300,000.00, Tax Identification Number (NIP): 729-010-89-94, Statistical No. (REGON): 4731171710
1.a. All the provisions included in these Terms of Cooperation apply to all the agreements made between Customers and Transfer Multisort Elektronik Sp. z o.o. (TME). They can be changed on the basis of individual written arrangements, signed by authorized Customer’s employees and by TME. The TME’s Terms of Cooperation are published on the website www.tme.hk, in the "Terms of Cooperation" tab.
1.b. TME only sells products to business customers (B2B) and not to individual consumers. By placing an order with TME you represent that you are ordering products for purchase and use exclusively on behalf of business entity. A party to the agreement concluded with TME, hereinafter called the Customer, can be only a business entity . If Customer is natural person, he must be over 18 years old. If you place an order on behalf of a business entity you affirm, that you have the legal authority to bind any such entity to these terms.
1.c. Agreements realization provisions being in force with Customer, different from the TME’s provisions, will not be accepted by TME. Any additional or different Customer’s trade provisions are binding for TME only when they have been explicitly accepted by Transfer Multisort Elektronik Sp. z o.o. in writing.
1.d. If the Customer remains in a constant trade relationship with TME, their acceptance of the TME’s Terms of Cooperation when registering as a TME customer or at first ordering shall be deemed as acceptance with regard to all subsequent agreements, unless a separate agreement regarding a given order has been made with TME, regulating the provisions of its processing. In case of a change in the Terms of Cooperation made by TME during trade cooperation, the acceptance of these changed terms at first ordering shall be deemed as their acceptance for all the subsequent agreements.
1.e. Wherever in the Terms of Cooperation the catalogue is mentioned, it should be understood as its printed copy, a CD/DVD, portable disks, a web page, advertisements and press information, leaflets and all the other ways of public presentation of our company’s trade information.
1.f. The binding version of Terms of Cooperation is the English language version. Other language versions serve information purposes only.
1.g. The Buyer acknowledges that the goods sold by TME, unless provided otherwise by the manufacturer as to the purpose of the product, are not designed for and not intended for use, where failure could result in a threat to life or health, a catastrophe to property and, in particular, are not intended for medical use, rescue or life support as well as in nuclear applications.
PRICES
2.a. Any information relating to goods, including prices contained in the Catalogue, on CD/DVD, on the TME’s website or in other information material constitutes only an invitation to conclude a contract, but does not constitute an offer under Art. 66 of the Polish Civil Code.
2.b. Prices included in the catalogue and on the CD/DVD, as well as in other information materials should be treated as approximate. The binding price during sales is the price published by TME on its website: www.tme.hk at the time of placing the order, unless a different price has been agreed in writing by an authorized employee of TME.
2.c. In case of advance payment made for a given product purchase, the price being in force shall be the pro forma invoice price. The price indicated in the pro forma invoice shall be in force only until the last day of the payment deadline indicated in this invoice.
2.d. The prices shown on the web page www.tme.hk are in USD. Please, always check whether a given offer’s price includes VAT. The prices never include shipping and customs costs. They are Ex Works Łódź prices.
2.e. In accordance with Art. 59 of the Polish Civil Code, the owner’s right for the goods is transferred to the Customer at the moment of total payment for ordered goods.
2.b. Prices included in the catalogue and on the CD/DVD, as well as in other information materials should be treated as approximate. The binding price during sales is the price published by TME on its website: www.tme.hk at the time of placing the order, unless a different price has been agreed in writing by an authorized employee of TME.
2.c. In case of advance payment made for a given product purchase, the price being in force shall be the pro forma invoice price. The price indicated in the pro forma invoice shall be in force only until the last day of the payment deadline indicated in this invoice.
2.d. The prices shown on the web page www.tme.hk are in USD. Please, always check whether a given offer’s price includes VAT. The prices never include shipping and customs costs. They are Ex Works Łódź prices.
2.e. In accordance with Art. 59 of the Polish Civil Code, the owner’s right for the goods is transferred to the Customer at the moment of total payment for ordered goods.
ORDERING METHOD
3.a. TME accepts orders placed by phone, letter, fax, e-mail, personally at the TME head office and by the Internet sales system www.tme.hk.
3.b. TME is not liable for any effects of incorrect or illegible order made by the Customer, especially for any incorrectness resulting in a delay in the order processing and failure in delivery of ordered goods.
3.c. Placing an order does not bind TME and lack of response does not mean any silent acceptance of the order.
3.d. Goods can be ordered only in quantities appropriate to their multiplicity indicated next to the product (if the multiplicity is not indicated, it is implicitly 1) and not lower than the lowest quantity in the chart of prices.
3.e. At a Customer’s request, a confirmation of placed orders is sent.
3.g. If the Customer has made an advance payment and it is not possible to complete the order, TME will issue a correction document for the value of the uncompleted order.
3.b. TME is not liable for any effects of incorrect or illegible order made by the Customer, especially for any incorrectness resulting in a delay in the order processing and failure in delivery of ordered goods.
3.c. Placing an order does not bind TME and lack of response does not mean any silent acceptance of the order.
3.d. Goods can be ordered only in quantities appropriate to their multiplicity indicated next to the product (if the multiplicity is not indicated, it is implicitly 1) and not lower than the lowest quantity in the chart of prices.
3.e. At a Customer’s request, a confirmation of placed orders is sent.
3.g. If the Customer has made an advance payment and it is not possible to complete the order, TME will issue a correction document for the value of the uncompleted order.
EXPORT
5.b. Customers with their head office outside the European Union receive the VAT invoice and the EAD customs document containing a unique MRN number together with the goods. This code should be presented on the European Union’s border. If the goods do not leave the European Union’s customs border within 150 days from the EAD document issuance or if crossing the border is not confirmed by the Border Customs Office, you will be charged with the tax on goods and services (VAT), according to the current rate being in force.
5.c. The Customer acknowledges that the law provisions of some countries and international organizations introduce restrictions on trade in certain goods and their related technology and documentation with specific countries, entities or individuals and declares that in the light of the applicable national and international law he/she is not deprived of the right to acquire the goods offered for sale by TME.
5.d. The Customer undertakes to comply with the law, including customs, import and export regulations of the country to which the product purchased from TME is to be shipped, as well as to obtain all the necessary permits or licenses for trade, export, re-export and import of goods from the country of origin, where the law provisions in force require such permits, and also to comply with the customs regulations of the countries.
5.d.1. The Customer undertakes to comply with all the official acts, in particular the provisions of the acts of law, regulations, orders and issued under them: decisions and sanctions relating to the so-called dual-use items – to the extent to which that they relate to the goods purchased from TME (hereinafter: the Goods), including but not limited to: (i) the US Export Administration Regulations; (ii) the US International Traffic in Arms Regulations; (iii) the laws and regulations on economic sanctions administered by the US Foreign Assets Control of the Department of the Treasury; (iv) European Union legislation on export controls and sanctions; (v) United Nations sanctions policy; (vi) all relevant rules established under any of the above-mentioned regulations; and (vii) other applicable economic sanctions, export controls, or import regulations (collectively: “Export Regulations”).
5.d.2. The Customer declares that: (i) they shall only use the Goods for civil end-use and shall not use the Goods for unauthorized military end-use as defined in the Export Regulations; (ii) they shall not facilitate acquiring of the Goods by restricted end users except as permitted by the Export Regulations; (iii) they shall not allow the entities subject to prohibitions or sanctions to acquire the Goods, except when permitted by the Export Regulations, including, among others, acquisition of the Goods by the persons included in: (A) the US Specially Designated Nationals List, the Denied Persons List or Entity List, or (B) the consolidated list of individuals, groups and entities subject to EU financial sanctions as implemented under Common EU Foreign and Security Policy; (iv) shall not use the Goods for the end-uses prohibited by the Export Regulations, such as the design, modification, production or manufacture of nuclear, missile, chemical or biological weapons.
5.d.3. The Customer shall not knowingly re-export, resell, transfer or otherwise make the Goods available to the third parties who fail to confirm expressly and unequivocally that they comply with the rules set out in point 5.d, including in point 5.d.1 and 5.d.2. of these general terms and conditions.
5.c. The Customer acknowledges that the law provisions of some countries and international organizations introduce restrictions on trade in certain goods and their related technology and documentation with specific countries, entities or individuals and declares that in the light of the applicable national and international law he/she is not deprived of the right to acquire the goods offered for sale by TME.
5.d. The Customer undertakes to comply with the law, including customs, import and export regulations of the country to which the product purchased from TME is to be shipped, as well as to obtain all the necessary permits or licenses for trade, export, re-export and import of goods from the country of origin, where the law provisions in force require such permits, and also to comply with the customs regulations of the countries.
5.d.1. The Customer undertakes to comply with all the official acts, in particular the provisions of the acts of law, regulations, orders and issued under them: decisions and sanctions relating to the so-called dual-use items – to the extent to which that they relate to the goods purchased from TME (hereinafter: the Goods), including but not limited to: (i) the US Export Administration Regulations; (ii) the US International Traffic in Arms Regulations; (iii) the laws and regulations on economic sanctions administered by the US Foreign Assets Control of the Department of the Treasury; (iv) European Union legislation on export controls and sanctions; (v) United Nations sanctions policy; (vi) all relevant rules established under any of the above-mentioned regulations; and (vii) other applicable economic sanctions, export controls, or import regulations (collectively: “Export Regulations”).
5.d.2. The Customer declares that: (i) they shall only use the Goods for civil end-use and shall not use the Goods for unauthorized military end-use as defined in the Export Regulations; (ii) they shall not facilitate acquiring of the Goods by restricted end users except as permitted by the Export Regulations; (iii) they shall not allow the entities subject to prohibitions or sanctions to acquire the Goods, except when permitted by the Export Regulations, including, among others, acquisition of the Goods by the persons included in: (A) the US Specially Designated Nationals List, the Denied Persons List or Entity List, or (B) the consolidated list of individuals, groups and entities subject to EU financial sanctions as implemented under Common EU Foreign and Security Policy; (iv) shall not use the Goods for the end-uses prohibited by the Export Regulations, such as the design, modification, production or manufacture of nuclear, missile, chemical or biological weapons.
5.d.3. The Customer shall not knowingly re-export, resell, transfer or otherwise make the Goods available to the third parties who fail to confirm expressly and unequivocally that they comply with the rules set out in point 5.d, including in point 5.d.1 and 5.d.2. of these general terms and conditions.
SALES DOCUMENTS
6.a. TME issues a sales document to every transaction made. It is always a Net VAT invoice, containing net prices and goods values. The tax is calculated as a product of value multiplied by rate. Issuing a net VAT invoice can depend on providing TME with the documents confirming conducting business activity or holding legal personality.
6.b. Invoices are issued in USD
6.b. Invoices are issued in USD
METHODS OF PAYMENT
7.a. TME accepts payments made in the following ways: cash on delivery (only selected countries), bank transfer, cash and payment by credit cards or by electronic transfers. The complete list of available ways of payment for a given country can be found on the web page www.tme.hk in the "How to buy" section.
7.b. Customers can negotiate the payment method. In order to agree on the terms of payment, please contact the TME Export Department.
7.c. To obtain a deferred payment term Customers need to send us their company’s up-to-date registration documents (or other documents on demand). Also, it requires the approval from the TME Accounting Department.
7.d. TME reserves the right to charge the statutory penalty interest for untimely payments by the Customer and the possibility of charging the Customer with debt collection costs on the terms and in the amount provided for in the provisions in force on the date of the contract.
7.e. TME reserves the right to refuse an order, to withhold the order processing, or to withhold the shipment of goods ordered if the Customer falls behind with payments, or if their legal or financial situation can cause problems with making payments in the future, or when TME has doubts about the financial situation of the Customer.
7.g. Payments for ordered goods made via PayU are settled in accordance with the following rules:
a) Payments via the PayU System can be made only by persons who are authorized to operate the instrument which is used to make payments, in particular a credit card can be used only by its authorized holder. Detected cases of fraud will be reported directly to the competent police departments.
b) TME provides its Customers with an appropriate transaction form. Data from the form are automatically transferred to the PayU System Partner via the Platnosci.pl system.
c) After approving the transaction form and selecting the PayU System as a payment method, the Customer is automatically redirected to the website of the authorization and settlement centre that is the PayU System Partner; in the case of payments with credit cards – to the website of the bank that is the PayU System Partner, and in the case of payments via a traditional transfer – to the PayU Service website. (In this case the Customer should make the transfer strictly in accordance with the generated bank transfer form).
d) In order to make a payment, the Customer should confirm the payment on the website of the appropriate PayU System Partner, i.e. a bank or an authorization and settlement centre, in accordance with the rules defined by these entities. If any changes are made in the payment form that is facilitated on these websites and automatically completed by the PayU System, it is possible that the payment will not be processed.
7.b. Customers can negotiate the payment method. In order to agree on the terms of payment, please contact the TME Export Department.
7.c. To obtain a deferred payment term Customers need to send us their company’s up-to-date registration documents (or other documents on demand). Also, it requires the approval from the TME Accounting Department.
7.d. TME reserves the right to charge the statutory penalty interest for untimely payments by the Customer and the possibility of charging the Customer with debt collection costs on the terms and in the amount provided for in the provisions in force on the date of the contract.
7.e. TME reserves the right to refuse an order, to withhold the order processing, or to withhold the shipment of goods ordered if the Customer falls behind with payments, or if their legal or financial situation can cause problems with making payments in the future, or when TME has doubts about the financial situation of the Customer.
7.g. Payments for ordered goods made via PayU are settled in accordance with the following rules:
a) Payments via the PayU System can be made only by persons who are authorized to operate the instrument which is used to make payments, in particular a credit card can be used only by its authorized holder. Detected cases of fraud will be reported directly to the competent police departments.
b) TME provides its Customers with an appropriate transaction form. Data from the form are automatically transferred to the PayU System Partner via the Platnosci.pl system.
c) After approving the transaction form and selecting the PayU System as a payment method, the Customer is automatically redirected to the website of the authorization and settlement centre that is the PayU System Partner; in the case of payments with credit cards – to the website of the bank that is the PayU System Partner, and in the case of payments via a traditional transfer – to the PayU Service website. (In this case the Customer should make the transfer strictly in accordance with the generated bank transfer form).
d) In order to make a payment, the Customer should confirm the payment on the website of the appropriate PayU System Partner, i.e. a bank or an authorization and settlement centre, in accordance with the rules defined by these entities. If any changes are made in the payment form that is facilitated on these websites and automatically completed by the PayU System, it is possible that the payment will not be processed.
QUALITY AND GUARANTEES
8.a. Goods sold by our company are of high quality. The way of their transportation, storage and packaging ensures their protection against damages, both mechanical and electrical.
8.b. High quality is a value that is important for TME not only in relation to the products offered, but also to the level of services provided. To this end, TME, has implemented an Integrated Quality Management and Environmental Management System, which is continuously improved in accordance with the requirements of the PN-EN ISO 9001:2015-10 and PN-EN ISO 14001:2015-09 standards, as confirmed by the certificate available on our website under the “About us – Quality System” tab.
8.c. An up-to-date list of products consistent with the RoHS Directive can be found on the web page www.tme.hk. RoHS labels are not included in the printed catalogue, which is not to say that the products are not in compliance with the directive.
8.d. If a product contains a warranty, its provisions are binding.
8.b. High quality is a value that is important for TME not only in relation to the products offered, but also to the level of services provided. To this end, TME, has implemented an Integrated Quality Management and Environmental Management System, which is continuously improved in accordance with the requirements of the PN-EN ISO 9001:2015-10 and PN-EN ISO 14001:2015-09 standards, as confirmed by the certificate available on our website under the “About us – Quality System” tab.
8.c. An up-to-date list of products consistent with the RoHS Directive can be found on the web page www.tme.hk. RoHS labels are not included in the printed catalogue, which is not to say that the products are not in compliance with the directive.
8.d. If a product contains a warranty, its provisions are binding.
COMPLAINT PROCEDURE
9.a. Please, submit all remarks concerning the quality of the products sold, customer service and discrepancies between the factual state and the invoice in writing to our Complaints Department: +48 42 645 55 65, [email protected], and in the case of export, to TME's Export Department : +48 42 645 54 44, [email protected].
9.b. Returns of defective and mistakenly delivered goods should be made exclusively after obtaining the consent from a TME Complaint Department employee. The goods can be returned only by shipment without cash on delivery. A Complaint Department employee can, in specific cases, ask a specific forwarder or carrier to collect the goods.
9.c. The reason for the return may also be the delivery by TME of the products with parameters other than those described in our catalogue, if the discrepancy of parameters affects the functionality of the products determined in accordance with their intended purpose.
9.d. After we receive the complaint notification and the goods concerned (if TME considers the examination of the goods as indispensable to consider the complaint) we examine the legitimacy of a given complaint. In case of accepting the complaint, it is only possible to reimburse the money, grant compensation with the current charges, or replace the goods with products free of any defects.
9.e. In the event that the complaint is accepted, a corrective invoice will be issued as a confirmation that its terms and conditions between the Customer and TME have been agreed and fulfilled. Pursuant to art. 29a(13) and Art. 86(19a) of the VAT Act of 11 March 2004, the corrective invoice constitutes a confirmation of the agreement on reducing the taxable base between the parties.
9.f. The complaint must include precise description of the complaint cause, a copy of purchase document and expected way of settling the complaint, selected from the ways described in item 9.d. A complaint notification should be made in the complaint form which can be found on the web page www.tme.hk in the “Complaints” section.
9.g. Quantity complaints can be reported not later than 7 working days from the date of receiving the shipment.
9.h. If the shipment arrived in a state that indicates possible mechanical damage during transport, the Customer should check it in the presence of the courier and make a protocol describing the damages. Only such a protocol, signed by a forwarder, constitutes the basis for the complaint.
9.i. TME’s responsibility for delivery of defective goods is limited to the goods’ replacement or reimbursement of the amount paid.
9.j. Refund Policy: If the payment for the purchased goods was made by SixPayments or PayU, TME will refund the money using the same payment method, and in other cases – the refund will be made to the bank account indicated by the Customer, unless TME and the Customer agree to make the refund in another way.
9.b. Returns of defective and mistakenly delivered goods should be made exclusively after obtaining the consent from a TME Complaint Department employee. The goods can be returned only by shipment without cash on delivery. A Complaint Department employee can, in specific cases, ask a specific forwarder or carrier to collect the goods.
9.c. The reason for the return may also be the delivery by TME of the products with parameters other than those described in our catalogue, if the discrepancy of parameters affects the functionality of the products determined in accordance with their intended purpose.
9.d. After we receive the complaint notification and the goods concerned (if TME considers the examination of the goods as indispensable to consider the complaint) we examine the legitimacy of a given complaint. In case of accepting the complaint, it is only possible to reimburse the money, grant compensation with the current charges, or replace the goods with products free of any defects.
9.e. In the event that the complaint is accepted, a corrective invoice will be issued as a confirmation that its terms and conditions between the Customer and TME have been agreed and fulfilled. Pursuant to art. 29a(13) and Art. 86(19a) of the VAT Act of 11 March 2004, the corrective invoice constitutes a confirmation of the agreement on reducing the taxable base between the parties.
9.f. The complaint must include precise description of the complaint cause, a copy of purchase document and expected way of settling the complaint, selected from the ways described in item 9.d. A complaint notification should be made in the complaint form which can be found on the web page www.tme.hk in the “Complaints” section.
9.g. Quantity complaints can be reported not later than 7 working days from the date of receiving the shipment.
9.h. If the shipment arrived in a state that indicates possible mechanical damage during transport, the Customer should check it in the presence of the courier and make a protocol describing the damages. Only such a protocol, signed by a forwarder, constitutes the basis for the complaint.
9.i. TME’s responsibility for delivery of defective goods is limited to the goods’ replacement or reimbursement of the amount paid.
9.j. Refund Policy: If the payment for the purchased goods was made by SixPayments or PayU, TME will refund the money using the same payment method, and in other cases – the refund will be made to the bank account indicated by the Customer, unless TME and the Customer agree to make the refund in another way.
LIMITATION OF THE LIABILITY
10.a. Transfer Multisort Elektronik Sp. z o.o. shall not be liable for any damage resulting from the failure to meet the delivery date, delivery of products with parameters other than those included in the catalogue or online offer, as long as the discrepancy of parameters does not affect the functionality of the products determined in accordance with the intended purpose of the product, failure to deliver a product or price changes. Particularly, we are not liable for breaks in the production process, loss of profit, or indirect losses arising due to non-delivery of the appropriate goods in a given term. The above limitations do not apply to a situation, in which there was a separate agreement made regarding the goods’ delivery between the Customer and TME, in which the terms of delivery and liability for not meeting them were specified.
10.b. TME is not liable for the effects of the delivered products misuse.
10.c. TME is not liable for any mistakes in the print of the catalogue or any mistakes in technical documentation available on the Internet.
10.d. We also reserve the right to deliver goods with parameters other than those included in the catalogue, as long as the discrepancy of the parameters does not affect the functionality of the products determined in accordance with their intended purpose. Therefore, after receiving the goods from us, please check whether their properties do not differ from your requirements. The parameters and descriptions of the offered products are approximate only and may not constitute grounds for claiming compensation, as long as the non-conformities in this regard do not affect the functionality of the products determined in accordance with their intended purpose. It is the Buyer's responsibility to ensure the proper use and application of the products.
10.e. TME is not responsible for any unlawful use of goods purchased from TME.
10.f. In the event of a [quality] warranty being granted, TME shall not be liable for any damage resulting from the failure to handle the complaint in time.
10.g. Subject to further restrictions provided for in these terms and conditions of cooperation, the responsibility of TME for non-performance or improper performance of the contract for sale of goods and warranties, regardless of the legal basis of the claim, is limited to liability for the actual losses incurred by the customer in the amount equivalent to the payment made for the price of the good affected by the non-performance or improper performance. At its discretion, TME will repair or replace a defective product with one free of defects, or refund the payment for the product, thus exhausting all claims from the Customer with respect to delivery of a defective product.
10.h. The liability of TME under the statutory warranty for defects in the sold items is excluded.
10.b. TME is not liable for the effects of the delivered products misuse.
10.c. TME is not liable for any mistakes in the print of the catalogue or any mistakes in technical documentation available on the Internet.
10.d. We also reserve the right to deliver goods with parameters other than those included in the catalogue, as long as the discrepancy of the parameters does not affect the functionality of the products determined in accordance with their intended purpose. Therefore, after receiving the goods from us, please check whether their properties do not differ from your requirements. The parameters and descriptions of the offered products are approximate only and may not constitute grounds for claiming compensation, as long as the non-conformities in this regard do not affect the functionality of the products determined in accordance with their intended purpose. It is the Buyer's responsibility to ensure the proper use and application of the products.
10.e. TME is not responsible for any unlawful use of goods purchased from TME.
10.f. In the event of a [quality] warranty being granted, TME shall not be liable for any damage resulting from the failure to handle the complaint in time.
10.g. Subject to further restrictions provided for in these terms and conditions of cooperation, the responsibility of TME for non-performance or improper performance of the contract for sale of goods and warranties, regardless of the legal basis of the claim, is limited to liability for the actual losses incurred by the customer in the amount equivalent to the payment made for the price of the good affected by the non-performance or improper performance. At its discretion, TME will repair or replace a defective product with one free of defects, or refund the payment for the product, thus exhausting all claims from the Customer with respect to delivery of a defective product.
10.h. The liability of TME under the statutory warranty for defects in the sold items is excluded.
FORCE MAJEURE
11.a. TME is not liable for non-performance of the contractual obligations in whole or in part if external occurrences take place, described as “force majeure”, which cannot be controlled by TME. The “force majeure” term is understood as all unforeseen occurrences independent of TME, arisen after the agreement’s conclusion, such as in particular: war, riots, catastrophes, floods, transport problems, or strikes.
11.b. If the “force majeure” period exceeds 2 weeks, both the Customer and TME have the right to terminate the agreement with an immediate effect without liability for damages caused by the agreement termination because of the “force majeure” occurrence.
11.b. If the “force majeure” period exceeds 2 weeks, both the Customer and TME have the right to terminate the agreement with an immediate effect without liability for damages caused by the agreement termination because of the “force majeure” occurrence.
LAW
12.a. Transfer Multisort Elektronik Sp. z o.o. is the owner of copyright or holds other legal title to the material contained in the catalogue and on the website, in particular to photographs, descriptions, translations, graphic form and presentation.
12.b. Any reproduction of the information and technical materials in catalogues, on web pages or in any other way delivered by TME demands the TME consent in writing.
12.c. The above conditions shall be effective until their changes in the official trade materials and in the TME’s ranges of products are published.
12.d. These Terms of Cooperation are subject to the Polish law, and the place of resolving disputes shall be a common court law competent for the TME’s head office (Łódź, Poland). TME can also take legal action against the Customer in the court having the jurisdiction over the Customer’s place of residence. Application of Vienna Convention on international sales of goods of April 11, 1980 shall remain excluded.
12.e. The Customer cannot assign any of their rights, obligations or liabilities resulting from the agreement concluded with TME without a prior written consent of TME. Unless otherwise agreed by the parties in writing, the possibility of the Customer’s liabilities deduction with the TME’s liabilities and with other liabilities resulting from the agreement that the parties may have towards each other shall be excluded.
12.f. If any resolution of these Terms of Cooperation is recognized as invalid or ineffective by the competent court or as a result of legal regulations’ change, such recognition or actions do not make the remaining resolutions of these Terms invalid or ineffective. If the resolutions of these Terms of Cooperation are finally recognized as illegal or ineffective, these resolutions shall be recognized as excluded from the hereto Terms of Cooperation, however all other resolutions shall be still obligatory and effective, and the resolutions recognized as illegal or ineffective shall be replaced by a resolution of a similar meaning, reflecting the original intention of the initial resolution, within the scope permitted under the applicable law.
12.b. Any reproduction of the information and technical materials in catalogues, on web pages or in any other way delivered by TME demands the TME consent in writing.
12.c. The above conditions shall be effective until their changes in the official trade materials and in the TME’s ranges of products are published.
12.d. These Terms of Cooperation are subject to the Polish law, and the place of resolving disputes shall be a common court law competent for the TME’s head office (Łódź, Poland). TME can also take legal action against the Customer in the court having the jurisdiction over the Customer’s place of residence. Application of Vienna Convention on international sales of goods of April 11, 1980 shall remain excluded.
12.e. The Customer cannot assign any of their rights, obligations or liabilities resulting from the agreement concluded with TME without a prior written consent of TME. Unless otherwise agreed by the parties in writing, the possibility of the Customer’s liabilities deduction with the TME’s liabilities and with other liabilities resulting from the agreement that the parties may have towards each other shall be excluded.
12.f. If any resolution of these Terms of Cooperation is recognized as invalid or ineffective by the competent court or as a result of legal regulations’ change, such recognition or actions do not make the remaining resolutions of these Terms invalid or ineffective. If the resolutions of these Terms of Cooperation are finally recognized as illegal or ineffective, these resolutions shall be recognized as excluded from the hereto Terms of Cooperation, however all other resolutions shall be still obligatory and effective, and the resolutions recognized as illegal or ineffective shall be replaced by a resolution of a similar meaning, reflecting the original intention of the initial resolution, within the scope permitted under the applicable law.
TECHNICAL REQUIREMENTSS
13. Minimum technical requirements necessary for cooperation with the ICT system that we use:
1. Access to the public part of the service at the following address: https://www.tme.hk (hereinafter, the service) is granted to all users of the Internet without necessity of meeting any kind of formalities. The said access is not subject to registration in the service.
2. Part of the service resources is isolated. Those resources can be fully accessed only by users who register in the service and have active electronic mail address.
3. In order to use the service, user’s ICT system has to meet the following minimum requirements:
a) minimum browser version requirements: Edge: 10, Firefox: 66, Google Chrome: 87, Opera: 52, Safari: 14;
b) enabled cookies and JavaScript.
4. The service has been optimized to operate the aforementioned software in 1366x768 resolution.
5. Minimum hardware requirements for user’s ICT system: 1GHz CPU, 512MB RAM.
1. Access to the public part of the service at the following address: https://www.tme.hk (hereinafter, the service) is granted to all users of the Internet without necessity of meeting any kind of formalities. The said access is not subject to registration in the service.
2. Part of the service resources is isolated. Those resources can be fully accessed only by users who register in the service and have active electronic mail address.
3. In order to use the service, user’s ICT system has to meet the following minimum requirements:
a) minimum browser version requirements: Edge: 10, Firefox: 66, Google Chrome: 87, Opera: 52, Safari: 14;
b) enabled cookies and JavaScript.
4. The service has been optimized to operate the aforementioned software in 1366x768 resolution.
5. Minimum hardware requirements for user’s ICT system: 1GHz CPU, 512MB RAM.
PERSONAL DATA PROTECTION
14.a. The Seller undertakes to process the Customer's and Customer’s representatives personal data (hereinafter: “personal data”) under the conditions specified in the relevant legal provisions that apply in this regard, in particular those specified in the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and in the Personal Data Protection Act of 10 May 2018.
14.b. The Seller processes personal data as the Data Controller.
14.c. Providing personal data is voluntary, but necessary for the registration on the website or conclusion of a sales contract.
14.d. The Seller applies appropriate technical and organizational measures to protect the personal data processed.
14.e. More information on the processing personal data, in particular the purposes for the processing thereof and the Customer's rights, can be found in the Privacy Policy of the TME Group available on the Seller's website.
14.b. The Seller processes personal data as the Data Controller.
14.c. Providing personal data is voluntary, but necessary for the registration on the website or conclusion of a sales contract.
14.d. The Seller applies appropriate technical and organizational measures to protect the personal data processed.
14.e. More information on the processing personal data, in particular the purposes for the processing thereof and the Customer's rights, can be found in the Privacy Policy of the TME Group available on the Seller's website.
CONSUMER PROTECTION
15.a. Natural persons, when concluding with TME a contract which is directly related to their business activity but, as follows from the wording of the contract, does not have for them a professional character, which is in particular implied by the objects of their business activity made available under the regulations on the Central Registration and Information on Business (hereinafter: Individual Businesses under Consumer Protection), are subject to a broader scope of protection than other businesses. For this reason, the following provisions of these General Terms of Cooperation do not apply to the contracts concluded between TME and Individual Businesses under Consumer Protection:
(i) point: 3b;
(ii) point: 9c, 9f, 9h;
(iii) points: 10a, 10d, 10f, 10g;
(iv) point 12d to the extent to which it provides for the exclusive jurisdiction of common courts in Łódź; all possible disputes between TME and an Individual Business under Consumer Protection shall be settled by a locally and materially competent court pursuant to the provisions of the Code of Civil Procedure Act of 17 November 1964;
(v) point 12e to the extent to which it excludes the possibility of setting off the receivables of the Customer being the Individual Business under Consumer Protection against the receivables of TME.
15.b. Individual Businesses under Consumer Protection who place an order via the online sales system at www.tme.hk, submit a statement about their status within a given transaction at the step of the order confirmation. The declaration is submitted by unmarking the appropriate checkbox, which shall mean submitting a declaration that the Customer makes a purchase as an Individual Business under Consumer Protection, or leaving the checkbox marked, which equals to submitting a declaration of purchase as a Business Customer or an Institutional Customer who is not covered by consumer protection. In the case of placing orders by phone, letter, fax, e-mail or in person, Individual Businesses under Consumer Protection are asked to include in the order a statement with the following content:
"I declare that the purchase is not directly related to my business activity and does not have for me a professional character, which is specifically implied by the objects of my business activity, made available under the regulations on the Central Registration and Information on Business"
or to submit a differently worded but express declaration on the use of Consumer Protection. Failure to submit the statement results in the Customer being treated as a Business Customer or an Institutional Customer who is not subject to Consumer Protection.
(i) point: 3b;
(ii) point: 9c, 9f, 9h;
(iii) points: 10a, 10d, 10f, 10g;
(iv) point 12d to the extent to which it provides for the exclusive jurisdiction of common courts in Łódź; all possible disputes between TME and an Individual Business under Consumer Protection shall be settled by a locally and materially competent court pursuant to the provisions of the Code of Civil Procedure Act of 17 November 1964;
(v) point 12e to the extent to which it excludes the possibility of setting off the receivables of the Customer being the Individual Business under Consumer Protection against the receivables of TME.
15.b. Individual Businesses under Consumer Protection who place an order via the online sales system at www.tme.hk, submit a statement about their status within a given transaction at the step of the order confirmation. The declaration is submitted by unmarking the appropriate checkbox, which shall mean submitting a declaration that the Customer makes a purchase as an Individual Business under Consumer Protection, or leaving the checkbox marked, which equals to submitting a declaration of purchase as a Business Customer or an Institutional Customer who is not covered by consumer protection. In the case of placing orders by phone, letter, fax, e-mail or in person, Individual Businesses under Consumer Protection are asked to include in the order a statement with the following content:
"I declare that the purchase is not directly related to my business activity and does not have for me a professional character, which is specifically implied by the objects of my business activity, made available under the regulations on the Central Registration and Information on Business"
or to submit a differently worded but express declaration on the use of Consumer Protection. Failure to submit the statement results in the Customer being treated as a Business Customer or an Institutional Customer who is not subject to Consumer Protection.
RIGHT TO WITHDRAW FROM THE CONTRACT
15.c. An Individual Business under Consumer Protection who has concluded a remote sales contract with TME (i.e. via the website, e-mail, fax, telephone) has the right to withdraw from the contract within 14 days without stating any reason. The deadline to withdraw from the contract expires after 14 days from the day:
i) in which the Individual Business under Consumer Protection came into possession of the goods or in which a third party indicated by them, other than the carrier, came into possession of the goods,
ii) in the case of the contract which includes an obligation to transfer the ownership of many items that are delivered separately, in which the Individual Business under Consumer Protection came into possession of the last item or in which a third party indicated by them, other than the carrier, came into possession of the last item .
15.d. In order to exercise their right to withdraw from the contract, the Individual Business under Consumer Protection must inform: Transfer Multisort Elektronik Sp. z o.o., ul. Ustronna 41, 93-350 Łódź, tel. 42 645-55-65, fax 42 645-55-00, e-mail: [email protected] about their decision to withdraw from the contract, by making an unequivocal statement (for example in a letter sent by post, fax or e-mail). An Individual Business under Consumer Protection may use the template of the withdrawal form placed below and available for download here, but it is not obligatory. In order to meet the deadline to withdraw from the contract, it is enough for the Individual Business person under Consumer Protection to send the information regarding the exercise of their right to withdraw from the contract before the deadline to withdraw from the contract.
i) in which the Individual Business under Consumer Protection came into possession of the goods or in which a third party indicated by them, other than the carrier, came into possession of the goods,
ii) in the case of the contract which includes an obligation to transfer the ownership of many items that are delivered separately, in which the Individual Business under Consumer Protection came into possession of the last item or in which a third party indicated by them, other than the carrier, came into possession of the last item .
15.d. In order to exercise their right to withdraw from the contract, the Individual Business under Consumer Protection must inform: Transfer Multisort Elektronik Sp. z o.o., ul. Ustronna 41, 93-350 Łódź, tel. 42 645-55-65, fax 42 645-55-00, e-mail: [email protected] about their decision to withdraw from the contract, by making an unequivocal statement (for example in a letter sent by post, fax or e-mail). An Individual Business under Consumer Protection may use the template of the withdrawal form placed below and available for download here, but it is not obligatory. In order to meet the deadline to withdraw from the contract, it is enough for the Individual Business person under Consumer Protection to send the information regarding the exercise of their right to withdraw from the contract before the deadline to withdraw from the contract.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
15.e. In the event of withdrawal from the contract, TME returns to the Individual Business under Consumer Protection all payments received from them, including the costs of the delivery of the goods (except for additional costs resulting from the delivery method chosen by the Individual Business under Consumer Protection, other than the cheapest standard delivery method offered by TME) immediately, and in any case not later than 14 days from the date on which TME was informed about the decision of an Individual Business under Consumer Protection to exercise their right to withdraw from the contract. The payment will be returned by TME using the same payment methods that were used by the Individual Business under Consumer Protection in the original transaction, unless the Individual Business under Consumer Protection expressly agreed to a different solution; in any case, the Individual Business under Consumer Protection will not incur any fees in relation to this return. TME may withhold the payment return until the goods are received or until the proof of their return is provided to TME, depending on which occurs first. Please immediately send back or deliver the goods to Transfer Multisort Elektronik Sp. z o.o., ul. Ustronna 41, 93-350 Łódź, in any case not later than 14 days from the date on which the Individual Business under Consumer Protection informed TME about the withdrawal from the contract. The deadline is met if the Individual Business under Consumer Protection sends back the goods within 14 days. The Individual Business under Consumer Protection incurs the direct costs of returning the goods. In the event that the goods, due to their nature, cannot be returned in a standard way by post, the maximum amount of these costs, in the case of the sales transaction in Poland, is estimated to be USD 25 The Individual Business under Consumer Protection is only responsible for reducing the value of the goods resulting from these goods being used in a different way than was necessary to assess their nature, characteristics and functioning.
Upon receipt of the returned goods, TME will issue a corrective invoice that will be a confirmation of the agreement on reducing the taxable base between the parties. The date on which the corrective invoice is issued will be deemed as the date of the agreement.
NO RIGHT TO WITHDRAW FROM THE CONTRACT, AND THE CIRCUMSTANCES UNDER WHICH AN INDIVIDUAL BUSINESS UNDER CONSUMER PROTECTION LOSES THEIR RIGHT TO WITHDRAW FROM THE CONTRACT
15.f. The right to withdraw from a remote contract is not applicable to an Individual Business under Consumer Protection in relation to the following contracts:
(i) contracts for the provision of services, if the Company has fully performed the service upon the express consent of the Individual Business under Consumer Protection, who had been informed before the commencement of the service that after the completion of the service by the Company they lose the right to withdraw from the contract;
(ii) where the price or remuneration depends on fluctuations in the financial market over which the Company has no control and which may occur before the deadline to withdraw from the contract;
(iii) where non-prefabricated goods are provided, manufactured according to the specifications of the Individual Business under Consumer Protection or intended to fulfill their individualized needs;
(iv) where perishable goods or goods having a short shelf-life are provided;
(v) where goods delivered in a sealed package are provided, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
(vi) where goods are provided that after delivery, due to their nature, become inseparably connected to other items;
(vii) where the Individual Business under Consumer Protection expressly demanded that the Company came to their place for urgent repair or maintenance; if the Company provides additional services other than those demanded by the Individual Business under Consumer Protection, or provides items other than spare parts hat are necessary for repair or maintenance, the right to withdraw from the contract is applicable for the Individual Business under Consumer Protection in relation to the additional services or items;
(viii) where audio or video recordings or computer software are provided, delivered in a sealed package, if the package has been opened after delivery;
(ix) concluded in a public auction;
(x) for the supply of digital content that is not recorded on a tangible medium, if the performance began upon the express consent of the Individual Business under Consumer Protection before the deadline to withdraw from the contract and after the notification from the Company about the loss of the right to withdraw from the contract.
Upon receipt of the returned goods, TME will issue a corrective invoice that will be a confirmation of the agreement on reducing the taxable base between the parties. The date on which the corrective invoice is issued will be deemed as the date of the agreement.
NO RIGHT TO WITHDRAW FROM THE CONTRACT, AND THE CIRCUMSTANCES UNDER WHICH AN INDIVIDUAL BUSINESS UNDER CONSUMER PROTECTION LOSES THEIR RIGHT TO WITHDRAW FROM THE CONTRACT
15.f. The right to withdraw from a remote contract is not applicable to an Individual Business under Consumer Protection in relation to the following contracts:
(i) contracts for the provision of services, if the Company has fully performed the service upon the express consent of the Individual Business under Consumer Protection, who had been informed before the commencement of the service that after the completion of the service by the Company they lose the right to withdraw from the contract;
(ii) where the price or remuneration depends on fluctuations in the financial market over which the Company has no control and which may occur before the deadline to withdraw from the contract;
(iii) where non-prefabricated goods are provided, manufactured according to the specifications of the Individual Business under Consumer Protection or intended to fulfill their individualized needs;
(iv) where perishable goods or goods having a short shelf-life are provided;
(v) where goods delivered in a sealed package are provided, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
(vi) where goods are provided that after delivery, due to their nature, become inseparably connected to other items;
(vii) where the Individual Business under Consumer Protection expressly demanded that the Company came to their place for urgent repair or maintenance; if the Company provides additional services other than those demanded by the Individual Business under Consumer Protection, or provides items other than spare parts hat are necessary for repair or maintenance, the right to withdraw from the contract is applicable for the Individual Business under Consumer Protection in relation to the additional services or items;
(viii) where audio or video recordings or computer software are provided, delivered in a sealed package, if the package has been opened after delivery;
(ix) concluded in a public auction;
(x) for the supply of digital content that is not recorded on a tangible medium, if the performance began upon the express consent of the Individual Business under Consumer Protection before the deadline to withdraw from the contract and after the notification from the Company about the loss of the right to withdraw from the contract.
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
Addressee: Transfer Multisort Elektronik Spółka z ograniczoną odpowiedzialnością, ul. Ustronna 41, 93-350 Łódź, fax 42 645-55-00, e-mail: [email protected]
I/We(*) hereby inform(*) that I/we(*) hereby withdraw from the contract of purchase of the following goods: ...................................................................................................
Date of conclusion of the contract (*)/collection of the goods(*):.....................................................................
Name and surname of the Buyer/Buyers:..................................................................................
Buyer's/Buyers’ address:......................................................................................................
Additional data (optional, but very helpful):
Customer number:...................................................................................................................
Invoice number:.......................................................................................................................
NOTE: The return of the payment is made using the same payment methods that were used by the Buyer in the transaction, unless the Buyer agreed expressly to a different solution; in any event, the Buyer shall bear no fees related to this return. If the payment was made by bank transfer or payment card, in the event of failure to indicate the bank account number, the return is made to the bank account or payment card from which the payment was made, and in the case of payment upon delivery the refund will be made by postal order, if the Buyer does not sign the following consent for a bank transfer: I consent to the return of my payment made by bank transfer to the bank account number ..................................................................................
Signature of the Buyer/Buyers (only if the form is sent as a hard copy)
Date
(*)delete as appropriate
Addressee: Transfer Multisort Elektronik Spółka z ograniczoną odpowiedzialnością, ul. Ustronna 41, 93-350 Łódź, fax 42 645-55-00, e-mail: [email protected]
I/We(*) hereby inform(*) that I/we(*) hereby withdraw from the contract of purchase of the following goods: ...................................................................................................
Date of conclusion of the contract (*)/collection of the goods(*):.....................................................................
Name and surname of the Buyer/Buyers:..................................................................................
Buyer's/Buyers’ address:......................................................................................................
Additional data (optional, but very helpful):
Customer number:...................................................................................................................
Invoice number:.......................................................................................................................
NOTE: The return of the payment is made using the same payment methods that were used by the Buyer in the transaction, unless the Buyer agreed expressly to a different solution; in any event, the Buyer shall bear no fees related to this return. If the payment was made by bank transfer or payment card, in the event of failure to indicate the bank account number, the return is made to the bank account or payment card from which the payment was made, and in the case of payment upon delivery the refund will be made by postal order, if the Buyer does not sign the following consent for a bank transfer: I consent to the return of my payment made by bank transfer to the bank account number ..................................................................................
Signature of the Buyer/Buyers (only if the form is sent as a hard copy)
Date
(*)delete as appropriate